Writ petition challenging a Circle Officer's notice to remove an iron gate allegedly encroaching on Government land. The court directed a joint measurement and verification of the disputed land in the parties' presence; eviction only if Government land is confirmed, else parties to approach civil court.
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GAHC010099812022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3461/2022
DR. DIBAKAR SAIKIA
S/O- LATE HARENDRA KUMAR SAIKIA, R/O- DHANUA NAGAR, TEZPUR, P.O.- TEZPUR, P.S.- TEZPUR, DIST- SONITPUR, ASSAM, PIN- 784001.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI-6.
2:THE DEPUTY COMMISSIONER KAMRUP (METROPOLITAN) DISTRICT GUWAHATI- 781001.
3:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE KAMRUP(METROPOLITAN) DISTRICT DISPUR GUWAHATI- 781029
4:MONI THAKURIA R/O- DHAKINGAON KAHILIPARA GHY- 781019.
5:PRAFULLA DUTTA THAKURIA R/O- DHAKINGAON KAHILIPARA GHY- 781019.
S/O LATE MANIK CH. BORA
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P.O- KAHILIPARA GUWAHATI P.S- DISPUR DIST- KAMRUP (M) PIN-781019
Advocate for the Petitioner : MR. S CHAUHAN, MR S CHAUHAN,MR. A R SHOME,MR B PUSHILAL
Advocate for the Respondent : SC, REVENUE, MR. S BARUAH, GA, ASSAM,MS G HAZARIKA, SC, REVENUE & DM DEPTT., ASSAM,MR. S A AHMED (R-4,5),MR. A S AKAND (R-4,5,6),MR. A HUSSAIN (R-4,5,6),MR J ISLAM (R-4,5,6),GA, ASSAM
BEFORE
THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY Order
10.09.2024
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land informing him that failure on his part to comply with the same, he shall be evicted from the said land under the provision of Rule 18(2) of the Assam Land and Revenue Regulation, 1886.
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Circle Officer shall complete such exercise within a period of three weeks from the date of receipt of an order passed today to be furnished by the respondent Nos. 4,5 and 6. It is requested by Mr. Baruah, learned counsel that a date may be fixed for such verification otherwise, the petitioner may not appear on the notice of the Circle Officer like the earlier occasion. In view of such submission, it is provided that the parties shall appear before the Circle Officer on 3rd of October, 2024 and thereafter, the Circle Officer shall do the needful with a period of four weeks as directed hereinabove. It is made clear that if the gate is on patta land and not over the Govt. land no eviction shall be carried out and parties may be relegated to Civil Court for resolution of their disputes.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the notice directing removal of the iron gate and threatened eviction was issued without affording the petitioner natural justice.
1 provisions across 1 enactments
Dr. Dibakar Saikia
The State of Assam
The Deputy Commissioner, Kamrup (Metropolitan) District
The Circle Officer, Dispur Revenue Circle
Moni Thakuria
Prafulla Dutta Thakuria
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
